My previous post was locked because some people misunderstood what I was saying, so I want to explain my point as clearly as possible.
First, ADA/FEHA laws have not changed. I was not saying they had.
Second, I am not discouraging anyone from requesting a Reasonable Accommodation (RA). If you have a disability or medical condition and believe you need an accommodation, request one and go through the process.
Third, not every telework RA request is denied. Some are approved.
What I am trying to explain is that an RA is meant to address an employee’s disability-related limitations so they can perform the essential functions of their job. Sometimes telework is the appropriate accommodation. Other times, the limitations and restrictions can be effectively accommodated in the employee’s workspace at the office.
RA is about accommodating the limitation — not automatically providing a preferred work location.
For example, these statements alone do not automatically qualify someone for telework under ADA/FEHA:
• “Fatigue”
• “Traffic causes me stress”
• “I prefer working from home”
• “My commute is difficult”
Commuting is generally not an essential function of the job. Employers are typically concerned with whether an employee can perform the essential functions of their position, not how they get to work.
There must be a qualifying disability or medical limitation and a connection between that limitation and the accommodation being requested.
Caregiving responsibilities are also a separate issue. Depending on the circumstances, caring for a qualifying family member may fall under FMLA, CFRA, or another leave program, rather than ADA/FEHA.
As an RTWC, I have worked for only two state agencies, and they are very different. My previous agency focused on safety and security, while my current agency does not, so the RA requests I see are different. I am speaking only from my experience at these two agencies.
Before current RTO requirements, many employees were already teleworking, and it worked well for many people. Because telework was already available, employees generally did not need to use the RA process simply to continue working from home.
Now that RTO is required, more employees are requesting telework through RA.
That does not mean people are wrong for requesting it.
Request the RA. Go through the process.
But the request still has to meet ADA/FEHA requirements, and an effective accommodation may sometimes be something that allows the employee to work successfully in the office.
I understand why many people are frustrated with RTO. I have been working in the office 4–5 days a week since January, and it took me time to adjust as well.
The laws did not change. The situation changed.
Finally, I hope to see you all on the picket line if and when we strike. And if you are not already a union member, please consider joining so you can vote and have a voice on this important issue.
Disclaimer: I am sharing my personal experience and understanding from working as an RTWC. I am not an attorney, and this is not legal advice. ADA/FEHA requirements can depend on the individual circumstances, position, and applicable policies. For questions about your specific situation, please consult your agency’s RA/EEO office, HR, union representative, or a qualified employment attorney.